Three Toronto subway operators engaged in a work refusal after
the Toronto Transit Commission decided to staff subway trains with
only one operator (instead of two).
Their union is now fighting a Ministry of Labour inspector's
decision that the staffing arrangements were "not likely to
endanger" and therefore did not justify the work refusal
under the Occupational Health and Safety Act.
The union appealed the MOL inspector's decision to the
Ontario Labour Relations Board, and also grieved the TTC's
one-operator decision under the collective agreement.
The union asked to adjourn the OLRB appeal pending the outcome
of the grievance proceedings. The employer opposed the adjournment.
The OLRB granted the adjournment due to the grievance
proceedings. Although it was unclear as to whether the
issues before the OLRB and the grievance arbitrator were the same,
the OLRB stated that if the arbitrator ultimately decided not to
hear aspects of the grievance that overlap
